Looking Out for #1

When can omission of an act satisfy Actus Reus?

Pope v. State (1979, Maryland)

Facts
Mr. Pope witnessed a woman with mental illness beat her child severely. He did nothing to stop the beating. Pope and the mother then went to church. When they returned to her home, the child was dead. Mr. Pope was prosecuted for child abuse.

Question
Is Pope’s omission culpable?

Holding
No

Reasoning
The default rule in America is that citizens have no duty to help others. This general rule applies to both civil and criminal actions. The thinking is that rescue is not without risk. Some states have made exceptions.

And the winner is…
Pope, also America-bashers

Notes
-The prosecution must establish a duty to act before they can convict someone for omission.

Five common ways to establish a duty:
1. Explicit - when a statute explicitly states the duty
2. Relationship - special relationships such as father/son or captain/ship’s passengers
3. Contractual – think lifeguards, firefighters, and personal trainers
4. Seclusion – occurs when someone voluntarily takes responsibility for care and secludes the individual needing care from others
5. Cause of Peril - if a person creates peril they automatically have a duty to protect others from harm

summarized from Life of a Law Student